Carers accused of murder ‘not fit’ to look after Margaret Fleming

Two people accused of murdering a woman in their care more than 18 years ago were not fit enough to look after her, a court has been told.

Jean McSherry had been engaged to marry the father of Margaret Fleming before he died from cancer in October 1995. The witness said she tried to keep in contact with the then-teenaged Ms Fleming, but was unable to do so as Derek Fleming’s will put her in the care of Edward Cairney and Avril Jones.

Ms Fleming, who was described as having learning difficulties, was reported missing in October 2016 from her home in Inverkip, Inverclyde, but it is claimed she has not been seen since December 1999.

“When (Eddie) speaks to you on the phone, when he said no it meant no.”

The court heard Ms Fleming was “angry” for some time after her father died and had lived with her grandparents and mother Margaret Cruickshanks while her father’s estate was settled.

Thomas Ross QC, representing Cairney, suggested Ms McSherry had been “a wee bit dishonest” with the jury in that she had made “absolutely no effort to maintain a relationship” with Ms Fleming after her fiance’s death. She denied the allegation.

Jurors were told she had seen Ms Fleming on about two occasions since the funeral.

Mr Ross said it would have been a period of around two years after the funeral before Ms Fleming moved in with the two accused.

Neither meeting was mentioned in a statement the witness gave to police.

Ms McSherry also said Cairney had owed money to her and her fiance, and was supposed to repay them after the sale of his hotel.

The witness said she had lent the accused around £200-£250 for treatment for the bends, which she was told he suffered while deep sea diving, but was never repaid.

Mr Ross pointed to a statement she had given to police which said it was Jones who had asked for the money, on behalf of the other accused.

Cairney and Jones, described as friends of Mr Fleming, are accused of murdering Ms Fleming, who would now be 37, by unknown means at some point between December 18 1999 and January 5 2000 - a charge they deny.

They also deny charges of attempting to defeat the ends of justice.

The trial, before judge Lord Matthews, continues.

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